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(영문) 서울고등법원 2019.11.21 2019노1755
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is unreasonable because the sentence imposed by the court below (five years of imprisonment and confiscation) is too unreasonable.

2. The summary of the instant crime is as follows: (a) in collusion with the Defendant to send the freight containing approximately 1.38g of philopon by means of home-registered international mail to the Incheon State’s port on June 17, 2018; (b) in collusion with B, the Defendant imported philopon by means of having the arrival of approximately 1.38g of philopon at the Incheon State’s port on June 17, 2018; and (c) in collusion with B, “B” sent the freight containing approximately 99 philopon by international registered mail and approximately 0.47g of philopon to arrive at the Incheon State’s port on May 1, 2019; and (c) the Defendant was staying in the Republic of Korea without departing from the Republic of Korea on May 15, 2019.

Recently, in order to protect society and its members from narcotics crimes rapidly expanding internationally and systematically, it is necessary to strictly cope with the import activities of narcotics, such as the instant crimes.

The import of narcotics is highly likely to cause the spread of narcotics and the additional crimes resulting therefrom, and therefore, the liability for such crimes is not less complicated.

The Defendant took part in the import crime of narcotics on two occasions, and there are a lot of clocks and phiphones which are sealed as such.

Since the Defendant received postal items (post items without any content) controlled and delivered by the investigative agency after the commission of the crime as referred to in the above paragraph (1), the Defendant again committed the crime as referred to in the above paragraph (2) despite being aware of the detection of the crime

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant committed each of the crimes in this case.

In addition to the crime of this case, there is no record of criminal punishment in the Republic of Korea while the defendant stays for approximately one year and six months.

The entire part of the Defendant’s import and philophones were seized, and thus, they were not distributed in the market.

above shall be the defendant.

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